‘It sounded like lightning hit the window’: Greeley 7-Eleven closed until further notice after car crashes into building

A Greeley 7-Eleven is closed until further notice after an elderly woman accidentally crashed into it Monday.

Greeley police officer Rebecca Ries, a spokeswoman for the department, said Enny Thio of Greeley was charged with careless driving, a Class 2 misdemeanor traffic offense.

Ries said it appears Thio, 85, meant to press the brake as she was parking about 11 a.m. at the store, 104 E. 18th St., but instead pressed the gas pedal. Ries said Thio didn’t have a driver’s license, for she failed her re-exam, but officers can’t charge her with driving without a license because the store is on private property.

Ries said there were two employees and two customers in the store at the time, but no one inside was injured. Greeley fire Lt. Jason Oster said Thio refused to be taken to a hospital.

Sales Associate Victoria Reed said she was standing an aisle away from the storefront when Thio’s car rammed into the building.

“It sounded like lightning hit the window,” Reed said.

Firewood and shattered glass scattered the sidewalk in front of the store, for Thio’s car was partially inside a rack that held firewood for sale, and the bumper was pressed against the storefront.

Damage is revealed after a tow truck pulled a car that crashed into 7-Eleven away from the building. (Kelsy Schlotthauer/kschlotthauer@greeleytribune.com)

City Building Inspector Steve Gregory said the car crashed into a steel support column between a couple of windows, bowing it, but not busting it.

Rita Nat, the store’s franchisee, said firefighters wrapped a blanket around Thio as she sat in a chair near the building while first responders processed the scene, and store employees placed a heavy jacket over her shoulders to try to protect her from the cold.

“I’m just relieved that no one was hurt,” Nat said. “That’s just a blessing.”

Nat said Thio lived nearby, and it didn’t look like she had another way to get home, so she planned to give her a ride.

Officers wrapped off the parking lot with police tape, and Nat said the business was closed until company maintenance workers coming from Denver arrived to inspect the damage.

Class 2 misdemeanor traffic offenses are punishable in Colorado by 10 to 90 days in jail, a $150 to $300 fine, or both.

— Kelsy Schlotthauer covers breaking news and just about anything else for the Greeley Tribune. Reach her at kschlotthauer@greeleytribune.com, (970) 392-4439 or on Twitter @K_Schlott.

Weld County drug dealer sentenced to 25 years in vehicular homicide case

A local drug dealer argued with a judge and a fight almost broke out between families during an emotionally charged sentencing hearing Thursday in Weld District Court.

Race Leyendecker

Race Leyendecker, 29, pleaded guilty to possession of a controlled substance with intent to distribute and vehicular homicide in the March 2018 death of his best friend, 28-year-old Anthony Lopez. Leyendecker agreed to a 25-year prison sentence on those charges, according to a plea deal with the Weld District Attorney's Office.

But Leyendecker had three other open felony cases, including one more from 2018 and two from 2017. He pleaded guilty to second-degree assault of a peace officer in his other 2018 case. Charges in the 2017 cases were dropped as part of his agreement with prosecutors, but sentencing on the assault charge was open to the court.

Prior to Weld District Court Judge Shannon Lyons delivering that sentence, Leyendecker addressed the court by saying he was accepting responsibility for his actions. He also apologized to Lopez's family, some of who attended Thursday's hearing.

"Anthony was my best friend. He was more of a brother than a friend. I'm going to miss him," Leyendecker said, as members of both families cried in the gallery. "There's nothing I can do to bring him back and I'm going to keep his memory alive as long as I can."

Lyons acknowledged as he handed down his sentence Leyendecker was still mourning the loss of his friend, but he also didn't have a lot of sympathy considering the defendant caused his death.

"Life brings bitterness," Lyons said. "It just does, but we don't have to invite it on ourselves and that's what you did. That's your crime.

"I can see your suffering from the loss, but the fact is you're the one who caused the loss. There has to be a punishment for that. It's severe (the deal), but it's also fair."

Lyons' sentence then went into the facts of the two cases. At one point he mentioned Leyendecker was fleeing from the police on March 4, 2018, in a stolen GMC Yukon at 100 mph on a dirt road with the headlights off. Leyendecker lost control and rolled the SUV.

Two women sustained serious injuries in the crash. Lopez was pronounced brain dead a short time later. Police seized about four ounces of methamphetamine from the vehicle.

Leyendecker interrupted Lyons.

"There's no evidence I was eluding," he said.

"There's no reason to be driving 100 mph on a county road with your lights off if you weren't running from the cops," Lyons said.

The two exchanged remarks for a couple minutes, as Leyendecker's family pleaded with him from the gallery to stop arguing. Greeley attorney Jerry Manzer, one of Leyendecker's lawyers, put his hand on his client's shoulder, pulled him close and told him to stop talking.

"My best friend is dead," Leyendecker yelled, pulling away from Manzer. "I understand that, but I'm not a monster, yo."

Lyons concluded the exchange by sentencing Lyons to six years in prison on the assault on a peace officer charge, which was the maximum under the Colorado law. That sentence will run concurrent to 25-year term Leyendecker agreed to in his other case.

"Good luck to you, Mr. Leyendecker," Lyons said as the defendant was escorted out of the courtroom in handcuffs. "Best of luck to you growing up."

The drama didn't end there, however, as one of Leyendecker's family members yelled her dissatisfaction in Lyons' direction.

"Why do they get to talk and we don't?" the young woman said, referencing the victim impact statement Lopez's mother delivered prior to sentencing. "You only get one side of the story."

A member of Lopez's family met the woman in the aisle, between the two rows of benches that make up the courtroom gallery, and words were exchanged. There were sounds of a scuffle as the two exited the courtroom, but bailiffs converged quickly and broke up the scrap before it got out of hand.

Weld Deputy District Attorney Bailey Nelson prosecuted the case. In addition to Manzer, Leyendecker was represented by Colorado Public Defender Samantha Deveraux.

— Joe Moylan covers crime and public safety for The Greeley Tribune. Reach him at jmoylan@greeleytribune.com, (970) 392-4467 or on Twitter @JoeMoylan.

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EDITOR’S NOTE: The following is a summary of crime reports taken from the Greeley Police Department’s daily logs. Only a few of the hundreds of reports will be used in this weekly column because of space limitations.

Dec. 29

10:45 a.m.: Greeley police responded to a library in the 1000 block of 11th St. for a report of a highly intoxicated 70-year-old man who had fallen and could not get up.

8 p.m.: Police responded to the 5100 block of 11th Street for a report of a woman who needed help getting into her home. The woman told dispatchers she doesn't carry house keys and enters through the garage, but the garage door opener wasn't working. She was confused when dispatchers advised her to call a locksmith.

Dec. 30

2:30 a.m.: Police responded to the 800 block of 15th Avenue for a report of a bald guy with a flashlight.

11:45 a.m.: A Greeley resident called dispatchers about a disturbing newspaper ad in which the author said he was a wealthy businessman looking for a new wife between the ages of 18-25. Police spoke with the man, who said he'd be canceling the ad because he already found a new wife in Walden.

2 p.m.: Police responded to the 1500 block of 25th Street to discuss with a resident the legalities of blowing leaves into the street.

2:15 p.m.: Police responded to the 2700 block of 11th Street for a report of a neighbor who dumps his trash on his lower-level neighbor's balcony.

4:30 p.m.: Police responded to a report of a dollar store shopping cart that was found downtown. The cart was returned to the store.

7:30 p.m.: Police responded to the 2300 block of 7th Street for a report of unauthorized dumpster use. The caller said someone threw a pool away in her dumpster. She was unsure what to do about it.

New Year's Eve

9 a.m.: A resident used the 911 text function to report sophisticated cyber bullies were harassing her, filming her without her permission and stealing her music. The texter would not speak with officers in person, only through text messages, and declined to make a statement when police arrived at her house.

3:30 p.m.: Police responded to the 100 block of 49th Avenue Place for a report of Mormon missionaries who continued to stop by the caller's house despite there being a "no soliciting" sign in the window. Police advised the man to tell the missionaries not to come back to his home the next time he sees them.

6:30 p.m.: Police responded to a convenience store in the 1400 block of 9th Street after a man called to report he'd been roused from a nap by "a bunch of Spanish people doing some sort of dance."

New Year's Day

3 a.m.: Police responded to the 4600 block of 20th Street Road for a report of an intoxicated woman dry heaving in the caller's bathroom. The caller told police the woman knocked on her door and said someone needed help in a car parked on the street. The woman then let herself into the caller's home and passed out briefly before going to the bathroom. The caller did not know the woman.

— Joe Moylan covers crime and public safety for The Greeley Tribune. Reach him at jmoylan@greeleytribune.com, (970) 392-4467 or on Twitter @JoeMoylan.

Man arrested in Sunday car chase ending with shot fired

Angel Casas-Martinez (VINELink)

Greeley police arrested a man Sunday after a disturbance-turned car chase ended with at least one shot fired.

Police Sgt. Jim Roybal said Sunday that Angel Casas-Martinez and two other people were involved in a disturbance that began at a home in north Greeley just before 4 a.m. and quickly transitioned onto the road.

Roybal said Casas-Martinez, 20, gave chase to the others’ car, ramming it several times while speeding southbound on 35th Avenue.

The chase ended in the 2400 block of 35th Avenue, where at least one shot was fired by one of the parties involved, Roybal said.

Roybal said no one was injured, and Casas-Martinez was taken into custody without incident. Roybal said all parties involved knew one another, but he did not know what caused the disturbance.

After an interview with detectives, Casas-Martinez was booked into the Weld County Jail on the following charges: three counts of attempted first degree murder, a Class 2 felony; five counts of attempted first degree assault, a Class 4 felony; three counts of felony menacing; and one count each of criminal mischief and stalking, Class 5 felonies.

Class 2 felonies are punishable in Colorado by eight to 24 years in prison and a fine of up to $1,000,000, not less than $5,000. Class 4 felonies are punishable by two to six years’ imprisonment and a fine of $2,000 to $500,0000. Class 5 felonies impose one- to three-year prison sentence and a fine of $1,000 to $100,000.

Casas-Martinez remained in jail Wednesday. The deadline for the district attorney's office to file formal charges is 3:30 p.m. Wednesday.

— Kelsy Schlotthauer covers breaking news and just about anything else for the Greeley Tribune. Reach her at kschlotthauer@greeleytribune.com, (970) 392-4439 or on Twitter @K_Schlott.

What’s to come in Evans infant death trial

Attorneys on both sides of an infant death case told a Weld County jury Tuesday night they can expect to hear a lot of testimony from medical experts in the trial of Edward Berdan.

Berdan, 33, of Evans, is charged with a single count of child abuse knowingly or recklessly causing death in the 2016 death of his 3-month-old daughter, Alexis. Berdan faces up to 24 years in prison if convicted.

During her opening statements late Tuesday, Weld Deputy District Attorney Arynn Clark said she plans to call a lot of medical experts during the 10-day trial, which is scheduled to continue through Jan. 28. But unlike a lot of cases, in which doctors are brought in from outside the scope of an incident to provide a neutral opinion of the evidence, Clark said jurors can expect to hear directly from the doctors who tried to save Alexis' life.

Alexis' mother, Alisiana Berdan, brought her daughter to Medical Center of the Rockies in Loveland on Jan. 20, 2016, after her daughter began exhibiting seizure-like symptoms. Alexis was later flown to Children's Hospital in Aurora where doctors discovered evidence to two brain bleeds — one fresh and one in the process of healing — fractured ribs and a host of other injuries.

"You're going to hear how Alexis suffered from retinal hemorrhaging in all four quadrants, as well as her optic nerve, and how there is no other diagnosis than non-accidental trauma," Clark said. "You're going to hear from child abuse experts who are going to testify that a child with injuries that severe wouldn't have acted normal. She wouldn't have been capable of it."

Berdan's defense team, comprised of Greeley attorney Megan O'Brien and Colorado Public Defender Kathy Heffron, plan to call their own medical experts during the trial. O'Brien told the jury their experts will testify Alexis' injuries were symptoms of ongoing health problems, not abuse.

When she became pregnant with Alexis, Alisiana Berdan was diagnosed with gestational diabetes, which complicated the pregnancy and the birth, O'Brien said. After she was born, Alexis needed to say at the hospital longer than the average newborn and required 24-hour oxygen once she was brought home. Alexis was later diagnosed with acid reflux.

"During the 90 days she lived at home with her parents, Alexis had 12 doctors appointments; way more than the average newborn," O'Brien said. "This case boils down to missed and misunderstood symptoms."

O'Brien said she also plans to call several family members, including Alisiana and grandparents on both sides of the family.

"You're going to hear from all of the people closest to Alexis who surely would have known if something was going on in that house," O'Brien said. "But as they say, mother knows best, and this mother knows that what happened to her daughter was not abuse."

The trial continues Wednesday at 8:30 a.m. at which point the district attorney's office is expected to call its first witness.

— Joe Moylan covers crime and public safety for The Greeley Tribune. Reach him at jmoylan@greeleytribune.com, (970) 392-4467 or on Twitter @JoeMoylan.

Weld deputies arrest Colorado mom following 100 mph chase

A Colorado woman was arrested over the weekend after leading Weld County Sheriff's Office deputies on a chase on Interstate 25, in which speeds at times exceeded 100 mph.

Megan Stewart

Megan Stewart, 25, was booked into the Weld County Jail about 4 a.m. Saturday on suspicion of vehicular eluding, a felony, and misdemeanor charges of speeding, unsafe lane changes, failing to yield the right-of-way, no proof of insurance, reckless endangerment, driving without a license, reckless driving, driving without registration, failing to drive in a designated lane, driving under the influence of drugs and child abuse.

The last charge was listed in reference to Stewart's 5-year-old son, who was asleep in the backseat of the car during the alleged chase.

Police say the chase began about 1:30 a.m. Saturday when a deputy observed a dark blue Saturn with Oregon plates speeding on I-25 at milepost 245 near Mead. The rear-mounted radar clocked the vehicle at 95 mph, according to court records. The deputy pulled out behind the vehicle and activated his emergency lights in an attempt to pull Stewart over.

About two miles later, the deputy alerted Weld County Communications the driver was not yielding. Stewart entered a construction zone at milepost 255 east of Loveland where the speed limit was 55 mph. She accelerated to 105 mph, according to court records.

Up ahead at milepost 262 just west of Windsor, about 17 miles north of where the chase began, troopers with the Colorado State Patrol were waiting with spike strips. When Stewart passed by, two tires on the passenger side were flattened and she immediately pulled to the side of the highway, almost causing a multi-vehicle crash in the process, according to court records.

Deputies discovered there were three people in the vehicle including Stewart, her son and Billy Ash, the child's father. Ash and the boy had apparently slept through the entire chase, according to court records.

Stewart was identified by her Colorado ID card. Although she was eligible for a driver's license, she didn't have one. Deputies also learned she had a non-extradition warrant out of Arkansas for failing to appear in court on charges of property crimes, according to records.

While en route to the Weld County Jail for booking, Stewart was bouncing on the seat and carrying on a conversation with the rear passenger window, according to court records. She later agreed to submit to a drug test.

Stewart remains in jail on $7,500 bond. The deadline for the filing of formal charges by the Weld County District Attorney's Office is Wednesday.

— Joe Moylan covers crime and public safety for The Greeley Tribune. Reach him at jmoylan@greeleytribune.com, (970) 392-4467 or on Twitter @JoeMoylan.

Man breaks into, spends 6 hours ransacking hospital clinic overnight

Arthur Andrade (VINELink)

Greeley police arrested a man Saturday morning after security staff found him running through the hospital without pants, only to find he spent six hours prior ransacking a clinic.

Police arrived just before 6 a.m. at North Colorado Medical Center, where Arthur Joshua Andrade was admitted in the emergency department, according to an affidavit. Security staff told police they found Andrade, 31, roaming the hospital pants-less about three hours prior, and traced his steps using security footage.

Sara Quale, a spokeswoman for the hospital, said in an email Andrade gained access to the Banner Health Clinic specializing in Endocrinology, which is on the second floor of the medical office building adjacent to the hospital, 1801 16th St. Andrade had no access to any Banner Health medications, she said.

About 9:30 p.m., Andrade made his way through two sets of doors that are normally locked, and ransacked multiple rooms, according to an affidavit for his arrest.

Andrade caused at least $180 in property damage, leaving behind his pants, a collection of credit and ID cards, a syringe and a 3.4-gram baggie of meth behind, according to the affidavit.

Security staff found him running through the hospital and admitted him to the emergency department about 3:15 a.m. Hospital staff told police Andrade tested positive for methamphetamine, according to the affidavit.

Police arrested Andrade about on suspicion of unlawful possession of a Schedule II controlled substance, unlawful possession of drug paraphernalia, second degree burglary, criminal mischief and violation of a protection order. Andrade was subject to a protection order that prohibited him from possessing or consuming controlled substances, according to the affidavit.

Andrade remained in the Weld County Jail on Tuesday. The deadline for the district attorney’s office to file formal charges is 3:30 p.m. Wednesday.

— Kelsy Schlotthauer covers breaking news and just about anything else for the Greeley Tribune. Reach her at kschlotthauer@greeleytribune.com, (970) 392-4439 or on Twitter @K_Schlott.

Frederick home of convicted murderer Christopher Watts to be auctioned

The Frederick home of Christopher Watts, who pleaded guilty to murdering his pregnant wife and two daughters, will be sold at auction this spring.

The Weld County Public Trustee posted a notice on Dec. 17, 2018, that the house at 2825 Saratoga Trail will be sold off to the highest bidder on April 17 for failure to pay principal and interest.

According to the filing, Watts owes $349,938.09 on the five-bedroom, four-bath home. Documents show the Watts bought the house in 2013 for $392,709.

According to the Weld County Assessor's Office, the property was valued at $484,339 in a 2018 real property notice.

Watts was sentenced to life in prison after pleading guilty to five counts of first-degree murder, three counts of tampering with a corpse and unlawful termination of a pregnancy in the deaths of his 34-year-old pregnant wife Shanann Watts and daughters Bella, 4, and Celeste, 3.

Weld deputies continue to investigate crash, death north of Pawnee Grassland

The Weld County Sheriff's Office continues to investigate a single-vehicle crash and death in northern Weld County.

About 2:15 p.m. last Wednesday, deputies responded to a report of a crash on private property near the intersection of Weld County Road 57 and Weld 130, which is just north of the Pawnee National Grassland in the Chalk Bluffs area of the county. The 911 call was initiated by oilfield employees working in the area, said Lt. Matt Turner, a spokesman for the sheriff's office.

The 911 call was originally reported as having come in at 1:35 p.m. Wednesday. The crash was originally reported in the 68000 block of Weld County Road 49. The correct time and location were updated Monday in a sheriff’s office news release.

When deputies arrived at the scene, they found an SUV rolled over in a ravine. The ravine was estimated to be about 700 feet deep, but the vehicle had not rolled to the bottom, said Deputy Julio Sherman, another spokesman for the sheriff's office. The sole occupant of the vehicle was dead when deputies arrived.

No other details were released about the vehicle, as the investigation is ongoing, Turner said. Details about the person inside the vehicle also were not released pending notification of next of kin. The name of the victim and cause of death will be released by the Weld County Coroner's Office once it completes its investigation.

Deputies did not find any evidence at the scene to suggest other vehicles were in the area at the time of the crash, Turner said.

Also responding to the scene were North Colorado Med Evac, Larimer County Search and Rescue, Colorado State Patrol and the Weld County Coroner's Office.

Anyone with information about the crash is asked to call the sheriff's office at (970) 356-4015 or Northern Colorado Crime Stoppers at 1-800-222-TIPS (8477) or 1-800-444-3776. Tips can also be submitted through the Crime Stoppers website at http://www.crimeshurt.com.

Those submitting tips through Crime Stoppers that lead to the arrest and filing of charges against a suspect or suspects could be eligible for a cash reward.

— Joe Moylan covers crime and public safety for The Greeley Tribune. Reach him at jmoylan@greeleytribune.com, (970) 392-4467 or on Twitter @JoeMoylan.

Jury selection underway in Evans child death case from 2016

Jury selection is underway in the trial of Edward Berdan, an Evans man accused of child abuse in the January 2016 death of his 3-month-old baby girl.

Prospective jury members were filling out questionnaires Monday morning. The selection process is expected to go into Tuesday morning, with opening statements possibly taking place later in the afternoon.

Berdan, 33, is charged with one count of child abuse knowingly or recklessly causing death, a Class 2 felony punishable by up to 24 years in prison. Berdan was arrested Jan. 29, 2016, two days after his daughter, Alexis, was taken off life support.

Berdan and his wife, Alisiana, had taken Alexis to Medical Center of the Rockies in Loveland on Jan. 20, 2016, after the 3-month-old began exhibiting seizure-like symptoms. Medical personnel would later inform Evans police the young girl was suffering from several broken ribs and two brain bleeds. One of the two bleeds was older and in the process of healing, according to court records.

During the investigation, police learned Alisiana typically left their home at 2550 Crescent Cove at 6:30 a.m. to go to work at Sam's Club in Evans. Berdan was in charge of caring for Alexis and their 2-year-old son, Kaden, until she returned home in the early afternoon, at which point he would leave for his job.

In the weeks leading up to her death, Alexis had become increasingly fussy and was having difficulty eating and sleeping. The couple thought she had acid reflux, and Berdan explained his daughter possibly received her injuries during several incidents while in his care.

On one of those occasions, Berdan told police Alexis fell off a boppy pillow and onto the floor while he was heating up a bottle. On another occasion, Berdan said he slipped on a plastic Hot Wheels car and, in the process of falling onto his back, accidentally jabbed Alexis in the face with her feeding bottle.

During a briefing with personnel including doctors, nurses and social workers, Evans police were told there was no medical evidence to support Berdan's claims. Alexis, who had already been airlifted to Children's Hospital in Aurora, died seven days later.

— Joe Moylan covers crime and public safety for The Greeley Tribune. Reach him at jmoylan@greeleytribune.com, (970) 392-4467 or on Twitter @JoeMoylan.